Terms & Conditions

BeSure Group Ltd Terms and Conditions

Company Details

These Terms and Conditions are issued by BeSure Group Ltd, a company registered in England and Wales under company number 12527359.

BeSure Group Ltd is registered with the Gas Safe Register under registration number 650695.

1. Definitions and Interpretation

1.1 Definitions

In these Terms and Conditions the following expressions shall have the meanings set out below unless the context otherwise requires:

BeSure Group, BeSure, We, Us or Our means BeSure Group Ltd and any successor, assignee, subcontractor, agent or authorised representative acting on its behalf.

Customer, You or Your means the person, persons, company, landlord, property owner, occupier, representative or other contracting party identified on the Quotation.

Service Arrangement means any servicing, maintenance, care plan, subscription, direct debit arrangement or ongoing maintenance agreement required by BeSure Group Ltd as a condition of any BeSure Extended Warranty.

Services means all works, labour, attendance, surveys, inspections, installations, maintenance, repairs, servicing and associated activities supplied under the Contract.

1.2 Interpretation

Headings are included for convenience only and shall not affect interpretation.

References to legislation include any amendment, replacement or re-enactment of that legislation.

Words importing the singular include the plural and vice versa.

References to persons include companies, partnerships, trusts, public bodies and other legal entities.

If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2. Formation of Contract

2.1 Contract Formation

The Contract shall come into existence when the Customer accepts a Quotation issued by BeSure Group Ltd.

Acceptance may occur verbally, electronically, by email, through an online platform, by text message, by WhatsApp, by payment of a deposit or by any other method accepted by BeSure Group Ltd.

The Customer acknowledges that a legally binding Contract may be formed without the need for a handwritten signature.

2.2 Contract Documents

The Contract shall consist of:

(a) the accepted Quotation;

(b) these Terms and Conditions;

(d) any written variation agreed between the parties; and

(e) any document expressly incorporated into the Contract.

Where any inconsistency exists between documents, these Terms and Conditions shall take precedence unless expressly stated otherwise.

2.3 Entire Agreement

The Contract constitutes the entire agreement between the parties.

The Customer acknowledges that they have not relied upon any statement, representation, estimate, marketing material, advertisement, website content, social media content, verbal discussion, illustration or other communication not expressly contained within the Contract.

No employee, salesperson, engineer, subcontractor, representative or agent of BeSure Group Ltd has authority to vary the Contract unless confirmed in writing by an authorised representative of BeSure Group Ltd.

3. Quotations, Surveys and Customer Information

3.1 Remote Survey Process

The Customer acknowledges that BeSure Group Ltd operates a remote quotation and survey process and relies heavily upon information supplied by the Customer.

Such information may include photographs, videos, measurements, floor plans, property descriptions, utility information, questionnaire responses, telephone discussions, WhatsApp messages, emails, video calls and online submissions.

3.2 Accuracy of Information

The Customer warrants that all information supplied is accurate, complete and representative of the Property and installation environment.

All photographs, videos, measurements, descriptions, communications and information supplied by the Customer shall form part of the contractual information relied upon by BeSure Group Ltd.

3.3 Reliance Upon Customer Information

The Customer acknowledges that BeSure Group Ltd relies upon the information supplied when:

determining appliance suitability;
assessing compliance requirements;
determining installation requirements;
calculating labour requirements;
determining access arrangements;
preparing the Contract Price.

3.4 Discrepancies

Where actual site conditions differ from the information supplied, BeSure Group Ltd reserves the right to:

(a) issue a revised quotation;

(b) require Additional Works;

(d) suspend works; or

(e) cancel the Contract.

The Customer accepts that BeSure Group Ltd shall not be liable for any additional costs, delays, compliance works, remedial works, access requirements, labour requirements, scaffold requirements or other consequences arising from inaccurate, incomplete or misleading information supplied during the quotation process.

3.5 Contractual Evidence

Photographs, videos, messages, recordings, survey information, emails, WhatsApp messages and all associated communications may be relied upon by BeSure Group Ltd as evidence in connection with any dispute, complaint, warranty claim, payment dispute, regulatory investigation, insurance claim or legal proceedings.

4. Fixed Price Promise and Additional Works

4.1 Fixed Price Promise

The Contract Price applies only to the works expressly detailed within the accepted Quotation and is based upon the assumptions, information and site conditions disclosed during the quotation process.

The provisions of Section 3 shall apply to all information relied upon by BeSure Group Ltd when preparing the Quotation.

4.2 Existing Conditions

The Contract Price does not include the cost of rectifying existing defects, unsafe conditions, non-compliant installations, hidden pipework defects, electrical defects, ventilation issues, structural defects, access restrictions or any other issue not reasonably identifiable during the quotation process.

4.3 Additional Works

Where Additional Works become necessary, BeSure Group Ltd reserves the right to issue a revised quotation and require additional payment before continuing.

Additional Works may include, but are not limited to:

gas supply upgrades;
flue alterations;
condensate alterations;
electrical upgrades;
ventilation works;
compliance works;
access equipment;
structural works;
safety-related remedial works.

4.4 Customer Variations

Any request by the Customer to alter the agreed specification after acceptance of the Quotation shall constitute a variation.

BeSure Group Ltd reserves the right to revise the Contract Price, amend the installation date or refuse the variation.

5. Administration Charge, Deposits and Payment Terms

5.1 Administration Charge

Included within the Contract Price is an Administration Charge currently set at £300 including VAT.

The Administration Charge covers costs associated with:

order processing;
scheduling;
engineer allocation;
compliance checks;
procurement;
logistics;
administration.

The Administration Charge may be amended by BeSure Group Ltd from time to time.

5.2 Deposits

A deposit may be required upon acceptance of the Quotation.

The amount of any deposit shall be determined by BeSure Group Ltd and specified during the sales process.

5.3 Balance Payment

Unless otherwise agreed in writing by BeSure Group Ltd, the remaining balance of the Contract Price shall be paid in cleared funds before Installation works commence at the Property.

BeSure Group Ltd may refuse to commence, continue or complete any Services where payment due under the Contract has not been received.

Any agreement by BeSure Group Ltd to permit payment after works have commenced shall be entirely at its discretion and shall not waive any right to recover the outstanding balance.

5.4 Payment Methods

Payments may be accepted by bank transfer, debit card, credit card, approved finance provider, PayPal, Klarna or any other method approved by BeSure Group Ltd.

5.5 Overdue Payments

Where any payment is not received when due, the provisions of Section 14 shall apply.

6. Cooling-Off Rights, Cancellation and Refunds

6.1 Statutory Rights

Nothing within these Terms and Conditions affects the Customer's statutory cancellation rights.

6.2 Cancellation Before Installation

Where the Customer cancels before installation has commenced, BeSure Group Ltd shall take reasonable steps to mitigate its losses.

Any unrecoverable costs incurred by BeSure Group Ltd shall remain payable by the Customer.

6.3 Materials and Procurement

Where goods can be returned to merchants or suppliers without cost, BeSure Group Ltd shall seek to mitigate losses accordingly.

Where goods have been opened, unpackaged, modified, installed, commissioned, connected or otherwise rendered unsuitable for return, the Customer shall remain fully liable for the associated costs.

6.4 Cancellation After Installation Commencement

Where Installation works have commenced and the Customer cancels the Contract, the Customer shall remain liable for all reasonable costs incurred by BeSure Group Ltd up to the date of cancellation.

Such costs may include labour, administration, engineer allocation, travel, accommodation, deliveries, subcontractor costs, materials, opened or non-returnable Goods, waste disposal, compliance activities and any other costs reasonably incurred in connection with the works.

Where Goods have been installed, connected, commissioned, altered, opened or otherwise rendered unsuitable for return, the Customer shall remain liable for their value.

The Customer shall permit BeSure Group Ltd reasonable access to remove any Goods that remain the property of BeSure Group Ltd or which BeSure Group Ltd has agreed to remove following cancellation.

Following any such removal, BeSure Group Ltd shall leave the Property in a safe condition but shall not be obliged to reinstate any previously removed appliance, heating system, controls, pipework, flooring, decorations, fixtures or associated equipment.

6.5 Refunds

Any refund due shall be reduced by any sums properly payable to BeSure Group Ltd under the Contract.

7. Customer Responsibilities

7.1 General Responsibilities

The Customer shall provide BeSure Group Ltd with all information, assistance, access and cooperation reasonably required to enable the Services to be carried out safely, efficiently and in compliance with applicable legislation and industry standards.

The Customer shall ensure that all information provided before and during the Contract remains accurate and up to date.

7.2 Attendance Requirements

For all surveys, deliveries, installations, servicing visits, maintenance visits, warranty attendances, inspections, repairs and other appointments, the Customer must ensure that either:

(a) the Customer is present at the Property; or

(b) a responsible adult aged 18 years or over is present and authorised to act on the Customer's behalf.

Where the Property is tenanted, rented, managed or occupied by a third party, the landlord, property owner or an authorised representative of the landlord or owner must ensure suitable access is available.

BeSure Group Ltd reserves the right to refuse attendance where no authorised person is available to grant access or make decisions relating to the works.

7.3 Utilities and Services

The Customer shall ensure that the Property has safe, suitable, operational and sufficient supplies of electricity, water and gas or LPG, where applicable, at the time of every appointment.

Where any required supply is unavailable, disconnected, exhausted, restricted, unsafe or otherwise unsuitable, BeSure Group Ltd may suspend, postpone or cancel the relevant attendance and recover any reasonable costs incurred.

The Customer acknowledges that failures or interruptions affecting utility supplies may also fall outside the scope of the BeSure Extended Warranty in accordance with Section 16 and may limit BeSure Group Ltd’s liability in accordance with Section 20.

7.4 Access Requirements

The Customer shall provide safe, unrestricted and reasonable access to all areas required for the performance of the Services.

This includes access to:

boilers;
cylinders;
meters;
pipework;
electrical supplies;
roof spaces;
lofts;
flues;
controls;
external areas.

Where access is obstructed, restricted or unavailable, BeSure Group Ltd reserves the right to postpone works and recover any resulting costs.

7.5 Permissions and Consents

The Customer shall be solely responsible for obtaining any permissions, consents or approvals required in connection with the Services, including but not limited to:

landlord consent;
freeholder consent;
planning permission;
building control approval;
management company approval;
leaseholder permissions.

Any delays or costs arising from the absence of such permissions shall remain the Customer's responsibility.

7.6 - Access and Availability Obligations

The Customer shall ensure that BeSure Group Ltd, its employees, subcontractors, engineers and authorised representatives are provided with safe, unrestricted and reasonable access to the Property whenever required for:

(a) surveys;

(b) deliveries;

(d) commissioning;

(e) servicing;

(f) maintenance;

(g) warranty attendances;

(h) repairs;

(i) inspections;

(j) complaint investigations;

(k) recovery of Goods;

(l) any other attendance required under the Contract.

The Customer shall ensure that either they, the property owner, landlord, tenant or another authorised representative aged 18 years or over is present where required to provide access and make decisions relating to the Services.

Access must be maintained to all relevant appliances, controls, meters, cylinders, loft spaces, pipework, flues and associated equipment.

Where access is restricted, unsafe, obstructed or unavailable, BeSure Group Ltd reserves the right to postpone, suspend or cancel the relevant attendance and may charge its prevailing attendance fee together with any other costs reasonably incurred.

BeSure Group Ltd shall not be responsible for any delay in carrying out the Services arising from a failure by the Customer to comply with this section.

8. Existing Systems, Safety and Compliance

8.1 Existing Installations

The Customer acknowledges that BeSure Group Ltd may discover defects, faults, safety concerns or compliance issues within the existing installation that were not apparent during the quotation process.

Such issues may include:

unsafe appliances;
gas leaks;
inadequate gas pipework;
defective flues;
inadequate ventilation;
unsafe electrical installations;
contaminated systems;
structural defects;
inaccessible installations.

8.2 Dangerous Appliances

Where an existing appliance or installation is classified as:

Immediately Dangerous (ID);
At Risk (AR);
Not to Current Standards (NCS);

or otherwise considered unsafe under current Gas Safe guidance, BeSure Group Ltd shall act in accordance with applicable regulations and safety requirements.

This may include:

disconnecting appliances;
capping supplies;
issuing warning notices;
suspending works;
postponing installation.

8.3 Compliance Works

Where additional works are required to bring the installation into compliance with:

Gas Safe requirements;
Building Regulations;
Manufacturer instructions;
Industry standards;
Health and Safety legislation;

such works shall be chargeable unless expressly included within the Quotation.

8.4 Hidden Defects

The Customer acknowledges that concealed pipework, hidden building structures, inaccessible voids, boxed-in services, buried pipework and other hidden elements may contain defects which cannot reasonably be identified before attendance.

BeSure Group Ltd shall not be liable for any additional costs arising from such hidden defects.

8.5 Existing Non-Compliant Systems

Where a non-compliant installation, unsafe condition, hidden defect or other issue is discovered that was not disclosed during the quotation process and which prevents the lawful installation of a new appliance, BeSure Group Ltd reserves the right to postpone, suspend or cancel the Installation.

The provisions of Section 3 shall apply in relation to any inaccurate, incomplete or misleading information supplied during the quotation process.

Any remedial works required shall fall outside the original Contract Price unless expressly included within the Quotation and may be undertaken by BeSure Group Ltd under a separate quotation or by another suitably qualified contractor.

9. Domestic Gas Supply Requirement and Commercial Installations

9.1 Domestic Gas Meter Requirement

Unless expressly agreed otherwise in writing, all Quotations are prepared on the basis that the Property contains a domestic gas meter and a domestic heating installation falling within the scope of domestic gas work undertaken by BeSure Group Ltd.

9.2 Commercial Installations

BeSure Group Ltd does not generally undertake works involving commercial gas meters, commercial gas installations, industrial gas systems or non-domestic gas infrastructure.

9.3 Discovery of Commercial Installations

If attendance at the Property reveals the presence of:

(a) a commercial gas meter;

(b) commercial gas pipework;

(d) industrial gas infrastructure; or

(e) any installation falling outside the scope of the Quotation,

BeSure Group Ltd reserves the right to immediately suspend, postpone or cancel the Installation.

9.4 Customer Liability

Where the circumstances described in Section 9.3 arise as a result of inaccurate, incomplete or misleading information supplied during the quotation process, the provisions of Section 3 shall apply and the Customer shall remain liable for all costs reasonably incurred by BeSure Group Ltd including administration costs, engineer costs, travel costs, accommodation costs, scheduling costs, procurement costs, delivery costs and subcontractor costs.

10. Access Equipment, Scaffolding and Site Conditions

10.1 Access Equipment

Unless expressly stated within the Quotation, the Contract Price does not include:

scaffolding;
towers;
cherry pickers;
access platforms;
cranes;
traffic management;
specialist lifting equipment;
road closures.

10.2 Customer Responsibility

The Customer shall be responsible for arranging and funding any specialist access equipment unless otherwise agreed in writing.

10.3 Additional Requirements

Where specialist access requirements become apparent after attendance, BeSure Group Ltd may:

issue a revised quotation;
postpone the works;
suspend the installation.

10.4 Site Conditions

The Customer shall ensure that the Property and surrounding areas provide safe working conditions.

BeSure Group Ltd reserves the right to refuse to work in unsafe conditions.

10.5 Parking and Site Charges

The Customer shall be responsible for ensuring suitable parking, unloading facilities and site access arrangements are available for BeSure Group Ltd, its employees, subcontractors, suppliers and delivery providers.

Where permits, permissions or prior approvals are required for access to the Property, it shall be the Customer's responsibility to obtain them before the scheduled attendance date.

BeSure Group Ltd reserves the right to recover any reasonable costs incurred in connection with:

(a) parking charges;

(b) parking permits;

(d) congestion charges;

(e) ULEZ or clean air zone charges;

(f) management company fees;

(g) access permits;

(h) security clearance requirements;

(i) site access charges;

(j) delivery restrictions;

(k) failed deliveries; and

(l) any other reasonable costs associated with accessing the Property.

Where access restrictions, permit requirements or parking limitations are not disclosed during the quotation process and result in delays, failed attendances, additional labour requirements or additional costs, BeSure Group Ltd reserves the right to recover such costs from the Customer.

11. Installation Works and Loft Installations

11.1 Engineer Allocation

BeSure Group Ltd may allocate, substitute, reallocate or replace any engineer, installation team, subcontractor, specialist contractor or other service provider at its discretion where reasonably required for operational, geographical, scheduling, availability, competency or safety reasons.

Any reference to a particular engineer, installation team or contractor before an appointment is provided for guidance only and does not guarantee that the named person or team will attend.

The Customer shall not be entitled to cancel the Contract, postpone the Services, withhold payment or claim compensation solely because BeSure Group Ltd allocates or substitutes a different suitably qualified engineer, installation team, subcontractor or service provider.

11.2 Working Hours

Works will normally be carried out during standard working hours.

BeSure Group Ltd may use overtime, additional engineers or additional attendance days where reasonably required.

11.3 Customer Conduct and Safe Working Environment

The Customer shall ensure that the Property provides a safe and respectful working environment for BeSure Group Ltd, its employees, engineers, subcontractors, agents and representatives.

The Customer shall also ensure that all landlords, tenants, occupants, representatives, visitors and other persons present at the Property behave in a reasonable and respectful manner.

BeSure Group Ltd operates a zero-tolerance approach to violence, threats, intimidation, harassment, discriminatory conduct, abusive language, aggressive behaviour, sexual harassment, bullying or any conduct that may reasonably place its personnel at risk or prevent the Services from being carried out safely.

Where any person acting on behalf of BeSure Group Ltd reasonably considers the working environment to be unsafe or unacceptable, BeSure Group Ltd may immediately cease the attendance, remove its personnel from the Property, suspend or cancel the Services and refuse future attendance.

The Customer shall remain liable for any reasonable costs incurred as a result, including engineer attendance, travel, accommodation, subcontractor, scheduling and administration costs.

BeSure Group Ltd shall not be liable for any delay, cancellation, loss of heating, inconvenience or other loss resulting from the exercise of its rights under this section.

11.4 Loft Installations

Where a boiler or related equipment is installed within a loft or roof space, the Customer shall ensure safe access is available at all times.

Unless expressly included within the Quotation, BeSure Group Ltd shall not be responsible for providing:

loft ladders;
permanent lighting;
boarding;
platforms;
handrails;
access walkways.

The access requirements contained within Section 7.6 shall apply to all loft installations and roof-space installations.

11.5 Making Good

BeSure Group Ltd shall exercise reasonable care when carrying out the Services but shall not be responsible for redecorating, painting, tiling, plastering, flooring replacement, cabinet making or cosmetic finishing unless expressly included within the Quotation.

Any making-good works shall be completed on a reasonable endeavours basis only.

12. Existing Equipment, System Performance and Powerflushing

12.1 Existing System Components

Unless expressly stated otherwise within the Quotation, BeSure Group Ltd shall not be responsible for the condition, suitability, performance, efficiency or lifespan of any retained:

radiators;
pipework;
valves;
pumps;
controls;
cylinders;
tanks;
showers;
taps;
fittings.

12.2 Customer-Supplied Equipment

Where the Customer supplies any equipment, including radiators, filters, controls or accessories, The installation of customer-supplied equipment shall not override the provisions of Section 16.5 relating to third-party alterations, servicing or interference.

Any additional labour required due to customer-supplied equipment shall be chargeable.

12.3 System Performance

The installation of a new boiler does not guarantee improvements to:

water pressure;
hot water flow;
heating performance;
system balancing;
circulation;
radiator output.

Where existing system deficiencies are identified, additional works may be recommended and charged separately.

12.4 Powerflushing and System Cleansing

Any powerflush, chemical flush, system cleanse or water treatment service is provided on a reasonable endeavours basis only.

BeSure Group Ltd does not guarantee:

complete sludge removal;
complete contaminant removal;
restoration of system performance;
prevention of future system faults.

12.5 Sludge and Existing System Defects

The Customer acknowledges that sludge, corrosion, debris and contamination may have caused latent defects within the heating system.

BeSure Group Ltd shall not be liable for leaks, component failures, circulation issues, blockages, pressure issues or other faults arising from pre-existing system contamination, whether identified before, during or after a flushing process.

13. Completion of Installation and Ownership of Goods

13.1 Completion of Installation

The Installation shall be deemed complete when BeSure Group Ltd has completed the works specified within the Contract and the appliance has been commissioned, tested and left in operation, or where commissioning is not possible due to matters outside the reasonable control of BeSure Group Ltd, when all works capable of completion have been completed.

The Customer acknowledges that minor outstanding items, documentation, certification, cosmetic finishing works, manufacturer registrations, warranty registrations or administrative actions shall not prevent an Installation from being deemed complete.

13.2 Customer Sign-Off

Upon completion of the Installation, BeSure Group Ltd may request that the Customer signs documentation confirming attendance, completion of works, commissioning or handover.

Where the Customer refuses to sign, this shall not invalidate the completion of the Installation where BeSure Group Ltd has otherwise completed the works.

13.3 Documentation

Following completion, BeSure Group Ltd shall use reasonable endeavours to provide or arrange provision of applicable documentation, certification and records relevant to the Installation.

Documentation may include Benchmark records, Gas Safe notifications, operating instructions, warranty information and other documentation relevant to the Installation.

13.4 Ownership of Goods

Ownership of all Goods supplied by BeSure Group Ltd under the Contract shall remain with BeSure Group Ltd until all sums due under the Contract have been paid in full and received in cleared funds.

Risk in the Goods shall pass to the Customer upon delivery to the Property.

Until ownership passes, the Customer shall not sell, transfer, dispose of, remove, encumber or otherwise deal with the Goods without the prior written consent of BeSure Group Ltd.

13.5 Right to Recover Goods

Where Goods remain the property of BeSure Group Ltd due to outstanding payment, BeSure Group Ltd may take reasonable and lawful steps to recover those Goods.

The Customer shall provide reasonable access for recovery where required. Any recovery shall be carried out in accordance with applicable law, and the provisions of Section 6.4 relating to the condition in which the Property will be left shall apply.

The Customer shall be liable for the reasonable costs incurred by BeSure Group Ltd in recovering unpaid Goods.

13.6 Removal of Existing Equipment

Unless the Customer notifies BeSure Group Ltd in writing before the commencement of the works that they wish to retain a particular item, any existing boiler, cylinder, control, filter, pump, pipework, radiator, tank, valve, fitting, scrap material or other equipment removed during the works shall become the property of BeSure Group Ltd upon removal.

BeSure Group Ltd may dispose of, recycle or otherwise deal with such removed items at its discretion.

Where the Customer has requested that an item be retained, BeSure Group Ltd may leave it at the Property in a location considered reasonably suitable by the attending engineer. Responsibility and risk for any retained item shall pass to the Customer immediately upon removal.

BeSure Group Ltd may refuse a request to retain an item where doing so would create a safety risk, breach waste-disposal requirements or be impractical.

14. Payment Recovery, Chargebacks and Retention of Title

14.1 Outstanding Balances

All sums due under the Contract shall be paid promptly, in full and without deduction, withholding, counterclaim or set-off unless required by law.

14.2 Failure to Pay

Where any payment remains outstanding, BeSure Group Ltd may suspend the Services and exercise any rights available under this Section, Sections 13, 16 and 17, or applicable law.

14.3 Credit Reporting

Where permitted by law, BeSure Group Ltd reserves the right to report payment defaults, arrears and outstanding balances to credit reference agencies and other relevant organisations.

14.4 Chargebacks and Payment Disputes

The Customer acknowledges that raising a chargeback, card dispute, payment reversal, Direct Debit indemnity claim, PayPal dispute, Klarna dispute or similar payment challenge shall not extinguish any contractual obligation owed to BeSure Group Ltd.

Where Goods have been supplied, Services performed or costs incurred, the Customer shall remain liable for all sums due under the Contract.

14.5 Recovery of Costs

Where a payment dispute, chargeback or payment reversal occurs, BeSure Group Ltd reserves the right to recover:

(a) outstanding balances;

(b) chargeback fees;

(d) legal costs;

(e) debt recovery costs;

(f) administration costs;

(g) professional fees;

(h) interest where applicable; and

(i) any other reasonable costs incurred.

14.6 Suspension of Benefits

Where any sum remains outstanding, BeSure Group Ltd may exercise any rights of suspension or termination available under Sections 16 and 17 in addition to any other rights available under the Contract or at law.

15. Manufacturer Warranty

15.1 Manufacturer Warranty

Any Manufacturer Warranty is provided solely by the relevant manufacturer and is subject to the manufacturer's own terms, conditions, exclusions and requirements.

The duration of any Manufacturer Warranty shall be as specified by the manufacturer and may vary depending upon appliance type, model and manufacturer policy.

15.2 Registration

Where applicable, BeSure Group Ltd shall use reasonable endeavours to register the Manufacturer Warranty following completion of the Installation.

The Customer shall provide any information reasonably required to facilitate registration.

15.3 Manufacturer Decisions

BeSure Group Ltd shall not be liable for:

(a) refusal of warranty claims;

(b) limitation of warranty cover;

(d) manufacturer policy changes;

(e) manufacturer insolvency;

(f) withdrawal of products or support; or

(g) any decision made by the manufacturer.

15.4 Customer Obligations

The Customer shall comply with all manufacturer requirements relating to:

(a) servicing;

(b) maintenance;

(d) system water quality;

(e) documentation;

(f) warranty registration.

Failure to comply with manufacturer requirements may invalidate the Manufacturer Warranty.

15.5 Assistance with Claims

BeSure Group Ltd may assist with Manufacturer Warranty claims but does so on a reasonable endeavours basis only and accepts no liability for the outcome of any claim.

15.6 Transfer of Manufacturer Warranty

Any transfer of a Manufacturer Warranty shall be governed solely by the manufacturer's own terms and conditions.

16. BeSure Extended Warranty

16.1 Nature of Cover

The BeSure Extended Warranty is a discretionary warranty product provided by BeSure Group Ltd in addition to any Manufacturer Warranty.

The BeSure Extended Warranty is entirely separate from any Manufacturer Warranty and is subject to the terms contained within this Contract.

The BeSure Extended Warranty excludes the boiler heat exchanger, which remains subject only to any applicable Manufacturer Warranty.

16.2 Eligibility

To remain eligible for a BeSure Extended Warranty, the Customer must:

(a) maintain an active BeSure Service Arrangement;

(b) ensure annual servicing is completed by BeSure Group Ltd;

(d) permit reasonable access to the appliance;

(e) maintain all required payments.

16.3 Annual Servicing Requirement

In order to maintain eligibility for the BeSure Extended Warranty, the appliance and heating system must be serviced by BeSure Group Ltd at intervals determined by BeSure Group Ltd, which shall generally be on an annual basis. The Customer shall cooperate with BeSure Group Ltd in arranging and facilitating such servicing appointments.

Failure to permit servicing within the timescales reasonably specified by BeSure Group Ltd may result in the suspension or termination of the BeSure Extended Warranty.

16.4 Service Scheduling and Operational Planning

The Customer acknowledges that BeSure Group Ltd operates a nationwide service and maintenance network and may schedule servicing appointments in a manner that allows efficient allocation of engineers and resources across its operating areas.

Accordingly, BeSure Group Ltd reserves the right to bring forward or postpone servicing appointments by a reasonable period where necessary for operational, logistical, geographical, resource-planning or scheduling purposes.

The Customer agrees that a servicing appointment shall not be deemed overdue solely because BeSure Group Ltd has rescheduled the appointment for operational reasons.

Provided that the Customer cooperates with the revised appointment arrangements, any such adjustment to the servicing date shall not affect the validity of the BeSure Extended Warranty or Service Arrangement.

BeSure Group Ltd shall use reasonable endeavours to provide notice of any rescheduled appointment and shall not be liable for any loss, inconvenience, costs or damages arising from the rescheduling of servicing appointments undertaken for legitimate operational purposes.

16.5 Third Party Works, Alterations and Interference

The BeSure Extended Warranty is provided on the basis that BeSure Group Ltd retains responsibility for servicing, maintenance and warranty support throughout the applicable warranty period.

The Customer shall not permit any third party to:

(a) service the appliance;

(b) repair the appliance;

(d) modify the flue system;

(e) alter controls or safety devices;

(f) undertake work on associated gas pipework;

(g) undertake work on associated heating system components connected to the appliance; or

(h) otherwise interfere with the installation,

without the prior written consent of BeSure Group Ltd.

BeSure Group Ltd reserves the right to suspend or terminate the BeSure Extended Warranty where any third-party work, alteration, modification, adjustment, repair, servicing activity or interference is undertaken without prior written approval.

For the avoidance of doubt, this clause shall not prevent emergency works undertaken to make an installation safe where immediate action is required to prevent danger to persons or property.

16.6 Breakdown Attendance

BeSure Group Ltd shall use reasonable endeavours to respond to breakdown reports within a reasonable timeframe.

No attendance time, response time or repair time is guaranteed.

16.7 Spare Parts Availability

BeSure Group Ltd shall not be liable for delays caused by manufacturer support, supply chain issues, parts shortages, discontinued components or any factor outside its reasonable control.

16.8 Exclusions

The BeSure Extended Warranty shall not cover any fault, failure, damage or performance issue caused directly or indirectly by adverse weather conditions, frozen condensate pipework, flooding, storms, lightning, power surges, utility interruptions, environmental conditions or any other external event outside the reasonable control of BeSure Group Ltd.

For the avoidance of doubt, the BeSure Extended Warranty does not include cover for the boiler heat exchanger.

Any fault, failure, blockage, restriction, corrosion, leakage, contamination, scaling, sludge-related issue, water-quality issue, thermal stress issue or any other defect affecting the heat exchanger shall be excluded from the BeSure Extended Warranty.

Where the boiler heat exchanger remains covered under a Manufacturer Warranty, any claim relating to the heat exchanger shall be subject solely to the manufacturer’s own warranty terms, conditions, exclusions and claims process.

BeSure Group Ltd may assist the Customer with a manufacturer warranty claim relating to the heat exchanger on a reasonable endeavours basis only, but BeSure Group Ltd shall not be responsible for replacing, repairing or funding the replacement of a heat exchanger under the BeSure Extended Warranty.

Where attendance is requested and the fault is diagnosed as relating to the heat exchanger and is not accepted by the manufacturer as a valid warranty claim, BeSure Group Ltd reserves the right to treat the attendance, diagnosis, labour, materials and any replacement works as chargeable.

16.9 No Fault Found Visits

Where attendance reveals no qualifying fault or identifies a fault outside warranty scope, BeSure Group Ltd reserves the right to charge its prevailing attendance and diagnostic fees.

16.10 Access Requirements

The Customer shall comply with the access requirements contained within Section 7.6. Failure to do so may result in suspension or termination of the BeSure Extended Warranty.

16.11 Transfer of Warranty

The BeSure Extended Warranty does not automatically transfer upon sale of the Property.

Transfer requests must be approved by BeSure Group Ltd and remain subject to the conditions set out elsewhere within this Contract.

16.12 Termination

The BeSure Extended Warranty may be suspended or terminated where the Customer fails to comply with the provisions of this Section or Section 17.

Without limitation, the BeSure Extended Warranty may be suspended or terminated following:

(a) failure to maintain annual servicing requirements;

(b) breach of Section 16.5;

(d) any event described in Section 17 resulting in suspension or termination of the Service Arrangement.

The operation, suspension, termination and reinstatement of any Service Arrangement shall be governed by Section 17.

The BeSure Extended Warranty may also be suspended or terminated where the Customer breaches Section 11.3.

17. Service Plans and Ongoing Maintenance

17.1 Service Arrangement

Where a BeSure Service Arrangement is required as a condition of the BeSure Extended Warranty, the Customer agrees to maintain that arrangement continuously throughout the applicable warranty period.

17.2 Payment Obligations

The Customer shall ensure all Direct Debit payments, Continuous Payment Authority payments or other agreed payment methods remain active and available.

17.3 Failed Payments

Where a payment fails, BeSure Group Ltd may attempt to collect the payment again and may contact the Customer to arrange settlement.

17.4 Suspension

BeSure Group Ltd reserves the right to suspend all warranty cover and servicing benefits immediately upon payment default.

17.5 Termination

Persistent payment failures, cancelled payment authorities or arrears may result in immediate termination of the Service Arrangement.

BeSure Group Ltd may terminate a Service Arrangement where the Customer materially breaches Section 11.3.

17.6 Effect on Warranty

The BeSure Extended Warranty is conditional upon the continuous operation of a qualifying Service Arrangement.

Suspension of the Service Arrangement shall automatically suspend the BeSure Extended Warranty.

Termination of the Service Arrangement shall automatically terminate the BeSure Extended Warranty.

During any period of suspension, no claims may be made under the BeSure Extended Warranty.

The Customer acknowledges that termination of the Service Arrangement may result in the permanent loss of eligibility for the BeSure Extended Warranty.

17.7 Reinstatement

Any reinstatement of a suspended or terminated Service Arrangement and/or BeSure Extended Warranty shall be entirely at the discretion of BeSure Group Ltd.

BeSure Group Ltd shall have no obligation to reinstate either arrangement.

Where reinstatement is offered, BeSure Group Ltd may require:

(a) payment of outstanding balances;

(b) inspection of the appliance and heating system;

(d) remedial works;

(e) administration charges;

(f) reinstatement fees; and

(g) any other reasonable conditions deemed necessary by BeSure Group Ltd.

17.8 Service Scheduling

BeSure Group Ltd shall determine service scheduling and appointment allocation at its discretion.

The Customer shall cooperate in arranging service appointments within the required servicing period.

17.9 Service Pricing

BeSure Group Ltd reserves the right to amend service plan pricing from time to time.

Reasonable notice shall be provided where required by law or by the terms of the relevant Service Arrangement.

17.10 Property Sale

Where a Property is sold, any Service Arrangement shall remain subject to the warranty transfer provisions contained within this Contract.

18. Communications, Data Protection and Call Recording

18.1 Methods of Communication

The Customer agrees that BeSure Group Ltd may communicate with them using any contact details supplied during the quotation, sales, installation, servicing, maintenance, warranty or customer support process.

Communications may be made by telephone, mobile telephone, SMS, WhatsApp, email, customer relationship management systems, automated messaging platforms, online portals, social media messaging services, artificial intelligence-assisted systems or any other reasonable communication method utilised by BeSure Group Ltd.

18.2 Electronic Communications

The Customer acknowledges that electronic communications form an integral part of the contractual relationship between the parties.

Any communication sent to the contact details provided by the Customer shall be deemed delivered unless BeSure Group Ltd receives notification that delivery has failed.

The Customer shall promptly notify BeSure Group Ltd of any change to their contact details.

18.3 Call Recording and Monitoring

Telephone calls, video calls, online meetings, customer service interactions and other communications may be recorded, monitored, retained and reviewed for:

(a) training purposes;

(b) quality assurance;

(d) regulatory compliance;

(e) fraud prevention;

(f) health and safety purposes;

(g) contractual administration; and

(h) protection of BeSure Group Ltd, its employees, subcontractors and customers.

18.4 Use of Records

The Customer agrees that BeSure Group Ltd may rely upon:

call recordings;
emails;
WhatsApp messages;
SMS messages;
photographs;
videos;
online submissions;
CRM records;
appointment records; and
other communications

as evidence of instructions, authorisations, appointments, payments, variations, disputes, complaints and contractual agreements.

18.5 Data Protection

BeSure Group Ltd shall process personal information in accordance with applicable data protection legislation and its Privacy Policy.

The Customer consents to BeSure Group Ltd sharing information where reasonably necessary with:

manufacturers;
finance providers;
payment providers;
subcontractors;
insurers;
warranty administrators;
legal representatives;
debt recovery providers;
regulatory authorities.

19. Complaints Procedure

19.1 Raising a Complaint

If the Customer is dissatisfied with any aspect of the Services, they should contact BeSure Group Ltd as soon as reasonably practicable.

Complaints should be submitted in writing where possible and should include sufficient information to allow investigation.

19.2 Investigation

BeSure Group Ltd shall investigate complaints fairly and within a reasonable timeframe.

The Customer agrees to provide reasonable cooperation during any investigation.

19.3 Opportunity to Rectify

The Customer shall provide BeSure Group Ltd with a reasonable opportunity to inspect, investigate and, where appropriate, rectify any issue before engaging another contractor or pursuing legal action.

Where the Customer instructs a third party to undertake remedial works without first providing BeSure Group Ltd with a reasonable opportunity to inspect and rectify the issue, BeSure Group Ltd shall not be liable for any associated costs unless required by law.

19.4 Access for Investigation

The Customer shall comply with Section 7.6 to enable BeSure Group Ltd to investigate any complaint.

Failure to provide access may prevent BeSure Group Ltd from investigating the complaint and may affect any subsequent claim.

20. Limitation of Liability

20.1 Statutory Rights

Nothing within the Contract excludes or limits any liability that cannot lawfully be excluded or limited.

20.2 Excluded Losses

To the fullest extent permitted by law, BeSure Group Ltd shall not be liable for:

(a) loss of profits;

(b) loss of revenue;

(d) loss of contracts;

(e) loss of opportunity;

(f) business interruption;

(g) loss of earnings;

(h) accommodation costs;

(i) alternative heating costs;

(j) consequential loss;

(k) indirect loss; or

(l) special loss.

20.3 Existing and Retained System Components

BeSure Group Ltd shall not be liable for any failure, deterioration, incompatibility, performance issue, circulation issue, water-quality issue or other defect affecting existing or retained system components, except to the extent that such loss or damage is caused by BeSure Group Ltd’s failure to exercise reasonable care and skill.

The provisions of Section 12 shall apply to all existing, retained and customer-supplied equipment and system components.

20.4 Utility Supplies

BeSure Group Ltd shall not be liable for any loss, damage, delay, breakdown, performance issue or inability to provide the Services arising from the failure, interruption, inadequacy, contamination or fluctuation of any electricity, gas, LPG, water, internet or other utility supply outside BeSure Group Ltd’s reasonable control.

20.5 Maximum Liability

Subject to applicable law, the total liability of BeSure Group Ltd arising from the Contract shall not exceed the total Contract Price paid by the Customer.

20.6 Matters Outside Our Control

Subject to Section 21, BeSure Group Ltd shall not be liable for any loss, damage, delay, additional cost, inability to attend, inability to complete the Services or failure of any appliance arising from events or circumstances outside its reasonable control.

This includes delays or failures caused by weather conditions, road conditions, supplier delays, manufacturer delays, utility failures, parts shortages, engineer availability, third-party contractors, access restrictions, transport disruption or other external events.

21. Force Majeure

21.1 Force Majeure Events

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

Such circumstances include, but are not limited to:

severe weather;
flooding;
fire;
epidemic;
pandemic;
industrial disputes;
utility failures;
government restrictions;
war;
terrorism;
civil unrest;
transport disruption;
supplier failures;
manufacturer delays.

A Force Majeure Event shall not relieve the Customer of any obligation to pay for Goods or Services already supplied before the event occurred.

21.2 Suspension

During a Force Majeure Event, obligations affected by the event shall be suspended for the duration of the event.

21.3 Termination

Where a Force Majeure Event continues for an extended period and materially prevents performance of the Contract, either party may terminate the affected obligations upon reasonable notice.

22. Assignment and Subcontracting

22.1 Assignment by BeSure Group Ltd

BeSure Group Ltd may assign, transfer, novate, subcontract, delegate or otherwise dispose of any of its rights or obligations under the Contract without obtaining the Customer's consent.

22.2 Subcontractors

BeSure Group Ltd may engage subcontractors, specialist contractors, suppliers, agents and third-party service providers to perform any part of its obligations under the Contract. Engineer and contractor allocation shall be governed by Section 11.1.

22.3 Customer Assignment

The Customer may not assign or transfer any rights or obligations under the Contract without the prior written consent of BeSure Group Ltd.

23. Third Party Rights

23.1 Rights of Third Parties

Except where expressly stated otherwise, no person who is not a party to the Contract shall have any right to enforce any term of the Contract.

23.2 Occupiers and Representatives

Tenants, occupiers, family members, managing agents, letting agents, neighbours and other third parties shall have no independent right to enforce the Contract.

23.3 Variation of Contract

The parties may vary, amend, terminate or settle the Contract without obtaining consent from any third party.

24. Severability and Waiver

24.1 Severability

If any provision of the Contract is determined to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

24.2 Waiver

Any failure or delay by BeSure Group Ltd in exercising a right or remedy shall not constitute a waiver of that right or remedy.

A waiver shall only be effective if made in writing by an authorised representative of BeSure Group Ltd.

24.3 Continuing Rights

The exercise of one right or remedy shall not prevent the exercise of any other right or remedy available under the Contract or at law.

25. Governing Law and Jurisdiction

25.1 Governing Law

The Contract shall be governed by and construed in accordance with the laws of England and Wales.

Where the Property is situated in Scotland, the Contract shall be governed by and construed in accordance with the laws of Scotland to the extent required by applicable law.

25.2 Jurisdiction

The parties submit to the jurisdiction of the courts having lawful authority to determine disputes arising under the Contract.

Nothing in this section shall prevent BeSure Group Ltd from commencing debt recovery proceedings, enforcement proceedings or other legal action in any court or tribunal having jurisdiction over the Customer or the Property.

25.3 Survival

Any provision of the Contract intended to survive termination shall remain in effect following completion, cancellation or termination of the Contract.

25.4 Priority of Contract Documents

Where any inconsistency or conflict arises between the documents forming the Contract, these Terms and Conditions shall take priority unless the accepted Quotation or a written variation issued by an authorised representative of BeSure Group Ltd expressly states otherwise.

E&OE

TOB-Jun26 v3